Statelessness Determination Procedures and the Right to Nationality
Nigeria in Comparative Perspective
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This book advances the study of the right to nationality, the prevention of statelessness, and the protection of stateless persons, taking Nigeria as a case study. Much recent literature on the subject of statelessness has been written from a US/European perspective. This work addresses this imbalance with an in-depth study of statelessness and best practice in how to prevent it in an African country. The book appraises international legal regimes on statelessness, their efficacy or otherwise in practice, what can be improved under international law, and the relevance of these regimes in the Nigerian context. The regional frameworks include those of the African Union, the Council of Europe, the EU, the Organization of American States, and the Arab League. Comparisons are also drawn with specific countries that already have an enshrined Statelessness Determination Procedure including Ivory Coast, the UK, France, Moldova, and the Netherlands, which does not have a formal procedure but has alternative means of identification. The book assesses the successes and challenges faced in these countries, and evaluates the chances for legal transplantation in Nigeria. Presenting an in-depth analysis of how statelessness is approached in the global south, the work will be of interest to researchers, academics, and policymakers working in this field as well as those concerned with nationality from an international law perspective.
Table of Contents
Table of Cases
Table of Instruments
2. Principles and Concept of Statelessness and Nationality
3. Legal and Policy Frameworks on Nationality and Statelessness
4. Procedural Framework for Determining Statelessness: Applicable Standards and Criteria
5. Analysis of Institutional and Procedural Frameworks for Determining Statelessness in Five States
6. Adapting (Legal Transplantation) Some of the Existing Best Practices on Statelessness Determination Procedure in the Nigeria Context
7. Conclusion: Statelessness and Right to Nationality – Summary of Key Discussions and Findings
Solomon Oseghale Momoh is a Protection Associate at the Office of the United Nations High Commissioner for Refugees.